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4. Non-exclusive surface access and use of the Property, subject to the conditions and <br /> limitations stated in the Lease. <br /> Reference is hereby made to executed copies of the Lease in possession of Lessor and Lessee, <br /> respectively, for all the provisions of the Lease, and by this reference the same are incorporated <br /> and made a part of this Memorandum of Mining Lease as though fully set forth herein. <br /> This Memorandum of Mining Lease is executed by the Lessor and Lessee and may be placed of <br /> record in Delta County, Colorado for the purpose of placing all persons on notice of the <br /> existence of the Lease, which is not, at the request of both parties, being placed of record. <br /> This Memorandum of Mining Lease is signed by Lessor and Lessee as of the date of the <br /> acknowledgements of their signatures below, but is effective for all purposes as of the Effective <br /> Date stated above. <br /> This Memorandum of Mining Lease may be executed in any number of counterparts, and by <br /> different parties in separate counterparts, each of which shall be deemed to be an original <br /> instrument, but all of which together shall constitute one instrument. <br /> LESSOR/OWNER: LESSEE/TENANT: <br /> MGMGJ PROPERTIES, LLC, a Colorado WHITEWATER BUILDING MATERIALS <br /> limited liability company CORPORATION, a Colorado corporation <br /> c,�k,.�_�L& <br /> Mark A. Gardner(Member Rheda Maslyk, Treas <br /> CCA ORAN <br /> STATE OF COLORADO ) REB OTAR J. <br /> )ss. STATE OF COLORADO <br /> COUNTY OF MESA ) NOTARY ID#20034002777 <br /> My Commission Expires January 24,2023 <br /> The foregoing agreement was acknowledged before me the day of <br /> 2019, by Mark A. Gardner, Member of MGMGJ Properties, LLC. <br /> WITNESS my hand and official seal. <br /> My Commission Expires: <br /> otary Pubwc <br /> Page 2 of 3 <br />